Common use of Maintenance and Insurance Clause in Contracts

Maintenance and Insurance. (a) The Borrower and each of its Subsidiaries shall maintain their properties in good repair, working order and condition as required for the normal conduct of their business. (b) The Borrower and each of its Subsidiaries shall at all times maintain liability and casualty insurance on its properties with financially sound and reputable insurers in such amounts and with such coverages, endorsements, deductibles and expiration dates as the officers of the Borrower in the exercise of their reasonable judgment deem to be adequate, as are customary in the industry for companies of established reputation engaged in the same or similar business and owning or operating similar properties and as shall be reasonably satisfactory to the Lender. In the event of failure to provide and maintain insurance as herein provided, the Lender may, at its option, provide such insurance and charge the amount thereof to the Borrower as a Revolving Credit Loan. The Borrower shall furnish to the Lender certificates or other evidence satisfactory to the Lender of compliance with the foregoing insurance provisions. The Lender shall not, by the fact of approving, disapproving or accepting any such insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of law suits, and the Borrower hereby expressly assumes full responsibility therefor and liability, if any, thereunder. The Lender acknowledges and agrees that the Borrower's current insurance coverages disclosed on Exhibit C are as of the date hereof adequate to satisfy its --------- obligations under this Section 5.3(b).

Appears in 2 contracts

Samples: Credit Agreement (Viisage Technology Inc), Revolving Credit Agreement (Viisage Technology Inc)

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Maintenance and Insurance. (a) The Borrower will maintain and each of keep its Subsidiaries shall maintain their ------------------------- properties in good repair, working order and condition so that its business may be properly and advantageously conducted at all times, and will comply with the provisions of all Leases to which it is a party or under which it occupies property so as required for the normal conduct of their business. (b) to prevent any material loss or forfeiture thereof or thereunder. The Borrower and each of its Subsidiaries shall at all times will maintain liability and casualty insurance on its properties with financially sound and reputable insurers such insurance companies, in such amounts against such hazards and with liabilities and for such coverages, endorsements, deductibles and expiration dates purposes as the officers of the Borrower in the exercise of their reasonable judgment deem to be adequate, as are is customary in the industry for companies of established reputation engaged in the same or similar business businesses and owning or operating similar properties and as properties. The Lender shall be reasonably satisfactory named as mortgagee, loss payee and additional insured under the Borrower's policies of insurance and shall be given 30 days' advance written notice of any cancellation thereof. If the Borrower fails to provide any such insurance, the Lender. In the event of failure to provide and maintain insurance as herein provided, the Lender mayin its sole discretion, at its option, may provide such insurance and charge the amount thereof cost (plus applicable interest) to the Borrower as a Revolving Credit LoanLoan Account or to the Borrower's deposit accounts with the Lender. The Lender shall not, by the fact of approving, disapproving, accepting, obtaining or failing to obtain any such insurance, incur liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of lawsuits, and the Borrower hereby expressly assumes full responsibility therefor and liability, if any, thereunder. Upon request of the Lender from time to time, the Borrower shall furnish to the Lender certificates or other evidence satisfactory to the Lender of compliance with the foregoing insurance provisions. The Lender provisions of this Section 5.3 shall notbe deemed to be supplemental to, by but not duplicative of, the fact provisions of approving, disapproving or accepting any such insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of law suits, and the Borrower hereby expressly assumes full responsibility therefor and liability, if any, thereunder. The Lender acknowledges and agrees that the Borrower's current insurance coverages disclosed on Exhibit C are as of the date hereof adequate to satisfy its --------- obligations under this Section 5.3(b)Security Documents that require the maintenance of insurance.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Advanced Deposition Technologies Inc)

Maintenance and Insurance. (a) The Borrower and each of its Subsidiaries shall maintain their its properties in good repair, working order and condition (normal wear and tear excepted) as required for the normal conduct of their its business. (b) The Borrower and each of its Subsidiaries shall at all times maintain liability and casualty insurance on its properties with financially sound and reputable insurers in such amounts and with such coverages, endorsements, deductibles and expiration dates as the officers of the Borrower in the exercise of their reasonable judgment deem to be adequate, as are customary in the industry for companies of established reputation engaged in the same or similar business and owning or operating similar properties and as shall be reasonably satisfactory to the Lender. The Lender shall be named as loss payee, additional insured and/or mortgagee under such insurance as the Lender shall require from time to time, and the Borrower shall provide to the Lender loss payable endorsements in form and substance reasonably satisfactory to the Lender. In addition, the Lender shall be given thirty (30) days advance notice of any cancellation of insurance. In the event of failure to provide and maintain insurance as herein provided, the Lender may, at its option, provide such insurance and charge the amount thereof to the Borrower as a Revolving Credit Loan. The Borrower shall furnish to the Lender certificates or other evidence satisfactory to the Lender of compliance with the foregoing insurance provisions. The Lender shall not, by the fact of approving, disapproving or accepting any such insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of law suits, and the Borrower hereby expressly assumes full responsibility therefor and liability, if any, thereunder. The Lender acknowledges and agrees that the Borrower's current insurance coverages disclosed on Exhibit C are as of the date hereof adequate to satisfy its --------- obligations under this Section 5.3(b).

Appears in 1 contract

Samples: Credit Agreement (Signal Technology Corp)

Maintenance and Insurance. (a) The Borrower and each of its Subsidiaries Borrowers shall maintain their properties (including all Collateral) in good repair, working order and condition as required for the normal conduct of their business. (b) The Borrower and each of its Subsidiaries Borrowers shall at all times maintain liability and casualty insurance on its their properties (including all Collateral) with financially sound and reputable insurers in such amounts and with such coverages, endorsements, deductibles and expiration dates as the officers of the Borrower Borrowers in the exercise of their reasonable business judgment deem to be adequate, as are customary in the industry for companies of established reputation engaged in the same or similar business and owning or operating similar properties and as shall be reasonably satisfactory to the LenderAdministrative Agent. The Administrative Agent shall be named as loss payee, additional insured and/or mortgagee under such insurance as the Administrative Agent shall require from time to time, and the Borrowers shall provide to the Administrative Agent lender's loss payable endorsements in form and substance reasonably satisfactory to the Administrative Agent. In addition, the Administrative Agent shall be given thirty (30) days advance notice of any cancellation of insurance. In the event of failure to provide and maintain insurance as herein provided, the Lender Administrative Agent may, at its option, provide such insurance and charge the amount thereof to the Borrower Borrowers as a Revolving Credit Loan. The Borrower Borrowers shall furnish to the Lender Administrative Agent certificates or other evidence satisfactory to the Lender Administrative Agent of compliance with the foregoing insurance provisions. The Lender Administrative Agent shall not, by the fact of approving, disapproving or accepting any such insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of law suits, and the Borrower Borrowers hereby expressly assumes assume full responsibility therefor and liability, if any, thereunder. The Lender acknowledges and agrees that the Borrower's current insurance coverages disclosed on Exhibit C are as of the date hereof adequate to satisfy its --------- obligations under this Section 5.3(b).

Appears in 1 contract

Samples: Credit Agreement (Goldendale Aluminum Co)

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Maintenance and Insurance. (a) The Borrower will maintain and each of keep its Subsidiaries shall maintain their properties in good repair, working order and condition condition, and will comply with the provisions of all material Leases to which it is a party or under which it occupies property so as required for the normal conduct of their business. (b) to prevent any material loss or forfeiture thereof or thereunder. The Borrower and each of its Subsidiaries shall at all times will maintain liability and casualty insurance on its properties with financially sound and reputable insurers such insurance companies as the Lender shall reasonably approve, in such amounts against such hazards (including business interruption) and with liabilities and for such coverages, endorsements, deductibles and expiration dates purposes as the officers of the Borrower in the exercise of their reasonable judgment deem to be adequate, as are is customary in the industry for companies of established reputation engaged in the same or similar business businesses and owning or operating similar properties and as shall be reasonably properties, including, without limitation, insurance on the Collateral satisfactory to the LenderLender which includes business interruption insurance. In The Borrower shall notify the event Lender in writing at least 30 days prior to any proposed cancellation of failure any of its insurance policies. If the Borrower fails to provide and maintain insurance as herein providedsuch insurance, after notice to the Lender mayBorrower the Lender, at in its optionsole discretion, may provide such insurance and charge the amount thereof cost (plus applicable interest) to the Borrower as a Revolving Credit LoanLoan Account or to the Borrower's deposit accounts with the Lender. The Upon request of the Lender from time to time, the Borrower shall furnish to the Lender certificates or other evidence satisfactory to the Lender of compliance with the foregoing insurance provisions. The Lender shall not, by the fact of approving, disapproving disapproving, or accepting any such insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies or payment of law suitslawsuits, and the Borrower hereby expressly assumes full responsibility therefor and liability, if any, thereunder. The Lender acknowledges and agrees that the Borrower's current insurance coverages disclosed on Exhibit C are as of the date hereof adequate to satisfy its --------- obligations under this Section 5.3(b).

Appears in 1 contract

Samples: Loan Agreement (Charles River Associates Inc)

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